People v. Platz CA3

Filed 10/28/22 P. v. Platz CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado) ----

THE PEOPLE, C093878

Plaintiff and Respondent, (Super. Ct. No. S01CRF0205)

v.

LISA ANN PLATZ,

Defendant and Appellant.

Defendant Lisa Ann Platz appeals from a postjudgment order denying her petition for resentencing under Penal Code former section 1170.95.1 Defendant argues the trial court erred by improperly engaging in factfinding at the prima facie stage. Defendant also contests the Attorney General’s argument that the kidnapping-murder special circumstance precludes her eligibility for resentencing as a matter of law because those findings were made before the Supreme Court’s decisions in People v. Banks (2015)

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